Legal Question in Criminal Law in Texas

Re: What burden of proof is needed to make an arrest?

Burden of Proof to Make an Arrest in Texas:

In broad general terms a police officer can make an arrest if the officer has probable cause to believe that a crime has been committed.

More specifically, any person may be arrested in Texas, without a warrant if one of the following exist:

1. A person is found in suspicious places and under

circumstances which reasonably show that such persons have been

guilty of some felony, violation of Title 9, Chapter 42, Penal Code,

breach of the peace, or offense under Section 49.02, Penal Code, or

threaten, or are about to commit some offense against the laws;

2. A person who a peace officer has probable cause to

believe have committed an assault resulting in bodily injury to

another person and the peace officer has probable cause to believe

that there is danger of further bodily injury to that person;

3) A person who a peace officer has probable cause to

believe have committed an offense defined by Section 25.07, Penal

Code (violation of Protective Order), or by Section 38.112, Penal

Code (violation of Protective Order issued on basis of sexual

assault), if the offense is not committed in the presence of the

peace officer;

(4) A person who the peace officer has probable cause to

believe have committed an offense involving family violence;

(5) A person who the peace officer has probable cause to

believe have prevented or interfered with an individual's ability

to place a telephone call in an emergency, as defined by Section

42.062(d), Penal Code, if the offense is not committed in the

presence of the peace officer; or

(6) A person who makes a statement to the peace officer that

would be admissible against the person under Article 38.21 and

establishes probable cause to believe that the person has committed

a felony.

JOHN T. FLOYD LAW FIRM � HOUSTON CRIMINAL DEFENSE LAWYER

WWW.JOHNTFLOYD.COM